The Modern Scottish Jury in Criminal Trials The Modern Scottish Jury in Criminal Trials Listen 2. Introduction 2.1 The jury is a long standing feature of the Scottish criminal justice system. Its origins are unclear, but we know that around the fifteenth century a distinction began to emerge between jurors and witnesses. Baron Hume at the beginning of the 19 th century was able to state that jurors in criminal cases had long sat solely in a judicial capacity. The notion of jury service - that it is a civic duty which citizens should engage in - is deeply embedded. The Scottish Government upholds this principle and seeks to develop it in ways that reflect contemporary society. The jury system that has evolved through legislation and administrative practice in Scotland fulfils its purpose well: it is not a system in disarray. But as with all systems that have developed over time there are some aspects that would benefit from modernisation. It is those aspects that are the focus of this consultation. 2.2 The more serious criminal cases - those heard under 'solemn' procedure in the High Court and the Sheriff Court - culminate in trial by jury. Juries feature most prominently in solemn cases heard in the Sheriff Court where a Sheriff sits with a jury.

Approximately 575 sheriff and jury cases take place each year in the Sheriff Court; and some 460 jury cases a year in the High Court. (A small number of civil trials with a jury take place each year in the Court of Session; but such juries are not the subject of this consultation.) The composition of the Scottish criminal jury is very different to that of juries in England and Wales and indeed most of our European Union partners. This is explored further in Chapter 7 . 2.3 The sentencing powers of the High Court are unlimited for common law offences, except where statute sets a maximum sentence for a particular offence. The sentencing powers of the Sheriff Court in solemn trials are limited by statute: the Sheriff can impose a maximum term of imprisonment of 5 years following a jury trial. In Scotland the accused has no right to determine whether they are tried by jury. It is the responsibility of the Lord Advocate or the procurator fiscal to decide whether to prosecute under solemn or summary procedure, although certain offences can only be tried in solemn or summary courts. 2.4 In Scotland the responsibility for organising juries falls to the Scottish Court Service which is an executive agency of the Scottish Government and is responsible for the administration of courts in Scotland.

Running the jury system costs some £4 million a year, based on the latest published figures for financial year 2006/2007. In order to select a jury the Sheriff Clerk obtains a list of names drawn randomly from the electoral register, and sends each of them a revisal notice requesting certain details necessary to confirm the current address and to establish an individual's eligibility. A List of Assize containing enough names to supply a court sitting is then selected randomly from those eligible and the clerk of court then cites those jurors to court for the relevant dates. The clerk of court deals with any requests for excusal prior to the date of the trial and the final part of the jigsaw is that a ballot is conducted from those who attend on the day of trial to select 15 jurors for each trial. 2.5 Those who work in the justice system in Scotland are statutorily barred from jury service. They include members of the judiciary, solicitors, police, prison officers, procurator fiscals and court staff. All individuals over the age of 65 are at present ineligible to serve. In addition certain other individuals are disqualified from jury service.

They include those who have been sentenced to a period of imprisonment for 5 years or more, those who have served any part of a sentence of imprisonment of 3 months or more or who have been sentenced to probation, community service, or a drug treatment and testing order and who are not deemed rehabilitated in terms of legislation, and any persons who are on bail in connection with criminal proceedings in any part of the United Kingdom and any persons subject to a Restriction of Liberty Order ( RLO ) in Scotland (or the English, Welsh or Northern Irish equivalents). Separately there are occupations whose members are entitled under legislation to "excusal as of right" ( i.e. the right to opt out of jury service, although some individuals choose not to exercise this right). These occupations include members of the armed forces, MP s, MSP s, doctors, dentists, nurses, midwives, pharmacists, vets and the clergy. 2.6 Many of those who are called for jury service each year are not selected for service. Of the 150,000 individuals who are cited for jury service each year, only around 10% of these are selected by ballot to serve on a jury.

This is in some part due to the uncertainty of criminal trials proceeding, as the accused has the right to plead guilty at any time, but also a necessary consequence of the requirement to ensure that a jury is fairly and randomly selected from a broadly representative group of citizens. However it also means that many people attend as potential jurors - at some personal inconvenience - only to discover that they are not required. 2.7 Over recent years, and as the number of jury trials proceeding has increased it has become increasingly difficult to ensure a sufficiently large group of potential jurors. Some of those cited do not turn up and cannot be easily traced (reflecting an increasingly mobile population); and many of those who do respond to citation may have pressing personal reasons for seeking to be excused - caring responsibilities, ill-health, long-standing family commitments, bereavement. In certain urban areas in particular, the Scottish Court Service finds it increasingly challenging to maintain a sufficient juror 'pool'. The need to address these difficulties underlies several of the proposals in this paper. It is also important to note that the juror 'pool' itself is drawn from the electoral register, on whose completeness and accuracy the Scottish Court Service depends.

This raises a wider issue of electoral representation and the need to minimise the number of those who forego the right to vote and who are alienated from the rights and duties of citizenship. These matters are however beyond the scope of this paper - and action on them is reserved to the UK Government. 2.8 At the same time, the Government recognises that a balance has to be struck between burdens and benefits and between individual privacy and social responsibility: the demands made on individuals to serve on juries have to be matched by, and justified by, the benefits derived for society as a whole in securing a fair trial by peers. A further and compelling consideration for Government inevitably concerns resources. This Government's overriding purpose is to focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish through increasing sustainable economic growth. Public expenditure, financed by the taxpayer, has to yield outcomes that contribute to this goal. Resources for the jury system are, and will continue to be, limited. It will be vital to ensure that the resources at present in the system are working as hard and effectively as they can to achieve high standards of service and to minimise the loss of individuals' economic contribution.

2.9 This consultation paper distinguishes between firm proposals for change, where the Government are clear they would like to see specific reforms implemented in early course, and broader issues on which the Government has not yet formed a settled view and on which it invites views in order to explore arguments and test opinions. The proposal to raise the upper age limit for jury service is an example of the first; questions around the size of the Scottish jury fall into the second category. 2.10 This consultation will consider: the upper age limit for jurors; the lists of occupations whose members are excused jury service as of right or who are ineligible for jury service; the period of entitlement to excusal as of right following jury citation; juror compensation; jury size; trial without a jury. Depending on the outcome of this consultation the Scottish Government may decide to legislate on some these measures. Jury service - Citizens Advice Scotland Citizens Advice Scotland Advice can vary depending on where you live. Advice for other parts of the UK: This advice applies to Scotland.

Change country Jury service This information applies to Scotland only Table of contents Financial arrangements Being called for jury service If you are called for jury service you will usually have to serve at a criminal trial, but you can be called to serve at a civil trial. Criminal trials take place in either the High Court or the Sheriff Court depending on the seriousness of the crime. Civil trials with a jury can either take place in the Court of Session or the All-Scotland Sheriff Personal Injury Court. Generally, both types of trial proceed in the same way. There is a lot of helpful information about the court system and going to court as a juror on . Summoning the juror To be selected for jury service your name is selected at random from the electoral register. The way in which you are summoned to jury service is changing. It is being rolled-out gradually throughout Scotland. You may receive two legal documents under the pre-June 2016 summoning procedure, or a single legal document called a jury citation, under the new procedure. The new single document procedure will be used throughout Scotland from 6 June 2016 and the current procedure will end.

Under the current (pre-June 2016) procedure the first document is a notice to potential jurors which you must read carefully to check if you are able to sit on a jury. Some time later you will get a Jury Citation. This is explained more fully below. Under the new procedure you will only receive a Jury Citation. Pre-June 2016 summoning procedure Notice to potential jurors The Notice to Potential Jurors tells you that you may be called for jury service at some point in the near future. You are being asked to be part of a 'pool' of people who can be called. There is a list of types of people on the notice that are disqualified from being on a jury. There is also a list of people who are not eligible to serve on a jury, for example, a police officer. If you are allowed to serve on a jury you must let the Clerk of Court know of your holiday arrangements or other commitments in the next twelve month period. If you don't return this form completed you can be fined. Jury citation If you are not excluded from serving on a jury you should receive the Jury Citation, approximately four weeks prior to the trial date.

lt will give you information about where and when to attend the court. The citation should also include information on details of current allowances, the claim form for allowances and details of the jurors' attendance update line. You should take the citation with you to court. New summoning procedure Under the new summoning procedure you will only receive one legal document, a Jury Citation. You will receive this between three and nine weeks prior to the trial date. It will give you information about where and when to attend the court. You must respond to the jury citation by going to the Scottish Courts and Tribunals website at . You must provide your contact telephone number and date of birth. If you do not have internet access, you can telephone the court that cited you. You may be fined if you do not respond to the citation. Before responding to the citation, you should read the guidance documents available on the Scottish Courts and Tribunals website at and make sure that you are not ineligible or disqualified from serving on a jury. You should take the citation with you to court. Applying to be excused from the jury because you are disqualified or ineligible You must let the Clerk of the Court know if you are not allowed to be on a jury because you are either ineligible or disqualified.

Under the pre-June 2016 summoning procedure, you can do this on the form claiming exemption that you receive with the Notice to Potential Jurors. Under the new summoning procedure, you should obtain the form from the Scottish Courts and Tribunals website at and return this to the Clerk of Court. If you do not have internet access, you can obtain a copy from the court that sent you the citation. You should receive a letter from the court advising if this has been granted or not. If you do not receive anything then you should contact the court. Who is disqualified from serving You will be disqualified from serving on a jury if at any time in the United Kingdom, the Channel Islands or the Isle of Man you:- have been sentenced to imprisonment for life or for a term of 5 years or more, or have been sentenced to be detained during Her Majesty's, the Secretary of State's or the Governor of Northern Ireland's pleasure (i.e.

sentenced for murder while under the age of 18), or in the last 7 years (or 3.5 years where you were under 18 on the date of conviction) served any part of a sentence of imprisonment or detention, which was for between 3 months and 6 months, or in the last 10 years (or 5 years where you were under 18 on the date of conviction) served any part of a sentence of imprisonment or detention, which was for between 6 months and 30 months, or at any time served any part of a sentence of imprisonment or detention, which was for between 30 months and 5 years, or in the last 7 years been detained in a borstal institution are on bail, or in connection with, criminal proceedings in any part of the United Kingdom, or have been convicted of an offence and the penalty of a probation order, drug treatment and testing order, community service order, youth community order, community payback order, restriction of liberty order, supervision order, curfew order or attendance centre order was imposed and is not yet spent.

Who is ineligible to serve Those ineligible to serve on a jury include:- advocates and solicitors, or apprentices of and legal trainees employed by solicitors, or officers and staff of any court, or constables of any police force, or police cadets, or members of children's panels, or someone who is receiving compulsory medical treatment for mental disorder and is detained in hospital for that treatment, or someone who is receiving medical treatment for mental disorder and is under guardianship because s/he cannot manage her/his affairs. For a full list of persons ineligible to serve on a jury, see the guidance on the Scottish Courts and Tribunals website at . Applying to be excused from jury service on other grounds You may wish to apply to be excused from jury service. If you have served on a jury in the last five years, you can apply to be excused 'as of right'. You can make this application on the prescribed form for excusal or exemption, available on the Scottish Courts and Tribunals website at . If you have a medical condition or ailment that would make it difficult or impossible for you to serve as a juror you should contact the court immediately. You may have to provide a medical certificate.

You should receive a letter from the court advising if this has been granted or not. If you do not receive anything then you should contact the court. Persons ineligible to serve 'as of right', due to age or occupation You can be excused from jury service because of your occupation, for example, if you are a politician, a doctor, a minister or in the armed forces. Those who are ineligible 'as of right' include: members of the Scottish Parliament, Scottish Government or a Junior Scottish Minister, or members or officers of either Houses of Parliament, or representatives to the European Assembly, or full-time serving members of the forces, or practising members of the medical or similar profession, or ministers of religion or member of a religious body, or those aged 71 and over who not wish to serve on a jury, or those who have previously attended court for jury service and the period of exemption has not expired, or those who have been excused for any other reason, and the period of excusal has not expired. A full list of those ineligible 'as of right' is available on the Scottish Courts and Tribunal website at . You will only be excused 'as of right' if you apply within 7 days of receiving the jury citation.

If you apply after this, then you will be required to provide a good reason for excusal and this will be considered by the Clerk of Court. This does not apply if you are aged 71 or over. In these circumstances you can apply for exemption up until the date you attend court but it may be helpful to let the court know as soon as possible. How long does a trial last It is difficult to estimate the exact length of any trial. The Scottish Courts and Tribunal Service says that jury service is unlikely to last for more than a week but this depends on several factors e.g. a trial with a large number of witnesses will usually take longer than a trial with only a few. Cases that do take longer than a week are more likely to be in the High Court, but this can also happen in the Sheriff Court. Who can serve on a jury Criminal trials To be qualified to serve on a jury for a criminal case you must:- be 18 years of age or older.

There is no upper age limit for serving on a jury for a civil case but you can be excused from jury service if you are 71 years of age or older and you do not want to serve on a jury be on the electoral register have lived in the United Kingdom, the Channel Islands or the Isle of Man for a period of at least five years since the age of 13 not be on the list of people who are either disqualified or ineligible. The list of disqualified or ineligible people includes staff of the court service and police and anyone with a criminal conviction which is not yet spent. Civil trials To be qualified to serve on a jury for a civil case you must:- be 18 years of age or older. There is no upper age limit for serving on a jury for a criminal case but you can be excused from jury service if you are 71 years of age or older and you do not want to serve on a jury be on the electoral register have lived in the United Kingdom, the Channel Islands or the Isle of Man for a period of at least five years since the age of 13 not be on the list of people who are either disqualified or ineligible.

The list of disqualified or ineligible people includes staff of the court service and police and anyone with a criminal conviction which is not yet spent. Do I have to attend court when I am called? Deferring jury service You could have your jury service deferred but you would need to show good reason, for example, you have a holiday booked. You would have to show the court some proof that the holiday was booked. Release during the period of jury service Generally you will not be relieved from jury service once you have been sworn in. Conscientious objection to serving on a jury You do not have the right to refuse to serve on a jury on the grounds that you object to jury service in principle. If you want to object to serving on the jury because of the subject matter of the case you can only be excused at the court's discretion. Excused because of previous jury service If you have been called for jury service in the past you do have the right to be excused if: you have attended court for jury service within the last two years but were not selected to serve on a jury, or you have attended court for jury service and were selected to serve on a jury, within the last five years.

Court discretion to excuse A court has discretion to excuse someone from serving on a jury but there needs to be a very good reason why you can be excused, for example, you have scheduled exams that cannot be changed. Application to be excused is refused If your application to be excused from jury service has been refused you do not have the right of appeal. When you appear in court to serve on the jury the judge usually asks if there is any reason why someone on the jury cannot serve on it. You can state your case to be excused again and the judge has discretion to excuse you. Illness and jury service If you are unwell on a day that you are due to be in court for jury service, you must inform the Clerk of Court as soon as possible. The contact details are on the paperwork that you get from the court but can also be found on the Scottish Courts and Tribunals Service website at . You must provide a medical certificate for the court. A medical certificate that is requested from a GP for jury service is exempt from payment.

You should tell the GP surgery why you need the certificate, and if you have any difficulty in getting the certificate free of charge you should refer the surgery to the law that provides for the exemption from payment of the fee: The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004. Being a juror Detailed information about jury service is provided on the Scottish Courts and Tribunals website at . The jurors' attendance update phone line After 5pm on the evening before you are due to attend the court, you should phone the dedicated phone number given on your citation. A pre-recorded message will tell you what time you should arrive at the court the next day. If you are unable to phone, you should attend the court at the time indicated on your citation. Selection process When all those who have been called for jury service have arrived, the Clerk of Court will talk to you all about what is involved in being a juror. When it is known that the trial is going ahead, the Clerk will randomly select fifteen people (twelve people in a civil trial) to serve on the jury.

If you are not selected, or if the trial is no longer going ahead, you could be recalled a few days later to serve on another jury. Attendance at court for the purpose of being selected for a jury is unlikely to last for more than a week. It is also difficult to estimate the exact duration of any trial . During selection of a jury, an objection to a juror could be lodged by either side in the case. If it is a joint objection you may not become part of the jury. If just one side objects, a reason must be given and the judge will decide whether you should be excused or not. Knowledge of the accused If you have any personal knowledge of the case, know anyone involved, or if you work for the same employer as the accused but do not know the person, you should tell the Clerk of Court immediately. The judge/sheriff will decide whether you should be excused from serving as a juror or not. Juror is disabled If you have been selected for jury service and have a disability for which you need assistance you should contact the court. Swearing in If you are selected to serve on a jury, you will be sworn in. The Clerk of Court will administer the oath.

This process is called 'swearing in'. You can use a process to affirm instead of swearing the oath. Affirming means that you make a (non religious) promise before the court that you will try the case faithfully and reach a true verdict on the evidence presented. However, prior notice should be given to the Clerk if you wish to affirm. Sequence of events The judge will explain to you what is going to happen. Witnesses are brought before the court to give evidence. Each witness is questioned by the Crown who is prosecuting the case and by the defence. The accused is also called to give evidence. You will have paper and a pencil for taking notes about the evidence presented to the court. There is more useful information about the trial process on . When all the evidence has been presented and the judge/sheriff has addressed the jury, s/he will ask you to retire to the jury room, appoint a spokesperson and consider your verdict. What if I become ill Once the trial has started, if you become unwell overnight or over the weekend and cannot return to the court, you must inform the court and provide evidence.

Confidentiality about the case Once the trial has begun, you must not discuss the case with anyone except fellow jurors and then, only in the jury room. Mobile phones and computers are not allowed in the jury room. You will also be instructed not to look in the media for any information about the case in question. The permission of the court is needed if anyone, for example, the media or members of the public, want to use text-based devices to communicate directly from the court. You may not leave the court during the lunch break. You must remain with the other members of the jury. When the jury has retired to reach a verdict and has not reached one by the end of the day, it is possible that the judge/sheriff will ask you to go to a hotel. The rules about confidentiality still apply in overnight accommodation. It is contempt of court, punishable by imprisonment or a fine, for you to discuss, for example, statements made or votes cast by members of the jury, even long after the trial has ended. It is also contempt of court for any person to try and obtain such information from a juror. Intimidation It is a criminal offence to intimidate, bully or attempt to influence you when you are serving on a jury.

If anyone tries to do this you must report what has happened to the Clerk of Court. Security If you feel threatened at any time by gesture, word or action you should inform any court official or police officer immediately. The verdict When the jury reach an agreement either as a majority or unanimously you return to court to give the verdict. In a criminal trial there are three verdicts open to the jury: guilty; not guilty and not proven. Not guilty and not proven both mean that the accused cannot be tried again for that offence unless there is new compelling evidence, the original trial was tainted with intimidation or harassment of witnesses or the accused admits guilt after the trial. If the verdict on any charge is guilty there must be at least 8 jurors in favour of that verdict. The judge decides on the sentence for the accused although may not do so immediately. In a civil trial the jury will be asked if they have reached a verdict. If they have, they will then be asked a number of questions, for example, is the pursuer liable and if so, to what extent.

Financial arrangements What you can claim You will not be paid for jury service but you may be reimbursed subject to a maximum daily amount for: the cost of transport to court subsistence (for the extra cost of meals etc that you buy while attending court) loss of earnings or benefits the extra cost of childminding and babysitting the extra cost of caring for a dependant adult. A full list of what you can claim and how much is covered on the website of the Scottish Courts and Tribunals Service at . You can claim for loss of earnings or expenses at the end of the period of jury service. The expenses claim form is available on the Scottish Courts and Tribunals Service website at . Payment is made by a crossed cheque sent to your home address within 7 to 10 working days. If you have attended the court but not been selected, you are entitled to claim expenses subject to the specified limits. You can either claim expenses before leaving the court or send your form at a later date. Travelling allowance You can claim the cost of the journey between home and the court, for example, the cost of a return bus or train fare. If you travel by bike or private car you can claim a maximum rate per mile.

In an emergency or when there is no public transport, the court may pay the cost of a taxi. You should keep any tickets and evidence of transport costs and include these with the claim form. Subsistence allowance This allowance is for the extra expense of meals and other out-of-pocket expenses you pay for while attending court. You cannot claim this allowance if the court has provided, or offered to provide, your meals or refreshments. Financial allowance for loss of earnings For the period you serve as a juror, you are entitled to claim if: your employer does not pay you, or you suffer financial loss – for example, you are self employed and suffer loss of earnings or have to pay someone to substitute for you while you are away. You cannot claim for both loss of earnings and for someone to substitute for you. An employer is not obliged to pay her/his employee while s/he is on jury service unless this is specified in the contract of employment. There is more information for employers on the Scottish Courts and Tribunals website at . To claim loss of earnings, in addition to the claim form, you will need to ask your employer to fill in a certificate of loss of earnings and stamp it with an official stamp.

The certificate is available to download from the Scottish Courts and Tribunal Service website at . You can get National Insurance credits if you do not have these paid during the period of jury service. You must write to your local HM Revenue and Customs office before the end of the benefit year following the tax year in which jury service occurred, for example, if jury service was in December 2004, the tax year will end in April 2005 and the next benefit year will end on 31 December 2006. Childminding expenses If you employ a baby-sitter or childminder whilst serving on the jury, you will be reimbursed only if the child minder is not part of your normal childcare arrangements, or the hours you need to have covered are more than usual. A certificate from the baby-sitter or childminder stating their hourly rate must accompany the expenses claim form. This certificate can be obtained from the Scottish Courts and Tribunals Service website at . If the childminder is registered with the Care Inspectorate, a maximum of £6 per hour can be claimed. If your childminder is not registered only £1 an hour per child can be claimed.

Dependent adult expenses If you employ a carer for an adult for whom you care whilst serving on the jury, you will be reimbursed only if the carer is not part of your normal care arrangements, or the hours you need to have covered are more than usual. A certificate from the carer stating their hourly rate must accompany the expenses claim form. This certificate can be obtained from the Scottish Courts and Tribunals Service website at . If the carer is registered by the Care Inspectorate a maximum of £6 per hour can be claimed. If your carer is not registered only £1 an hour per dependent adult can be claimed. Jurors on benefits Travel, subsistence and childcare reimbursements are ignored as income for means-tested benefits. You may be able to apply for loss of benefit if your benefit is withdrawn during your period of jury service. You should contact your local benefits office to advise them of the requirement for you to attend for jury service. If they tell you that they are going to withdraw your benefit during your period of jury service, you should contact the court to request a ‘Certificate of Loss of Benefit’ which you should ask the benefits office to complete. Without this certificate being completed and the required evidence being produced, payment cannot be made.

Income Support You can claim income support while on jury service because you are not required to be available for work. Some jurors may be working (less than 16 hours) as well as claiming income support. If you are not paid your earnings while on jury service you can claim a loss of earnings allowance . As the allowance is treated in the same way as earnings by the Department for Work and Pensions no adjustment is normally needed to income support. Tax credits Inside a Court Room - You and the Judiciary - Judiciary of Scotland You and the Judiciary Public The Judge Judges preside over the court ensuring cases are heard and verdicts returned within a legal framework. The judge will decide on the appropriate sentence in criminal cases or decision in civil cases. The judge normally sits at the head of the courtroom on a raised platform, which is known as the Bench. In some cases the judge may sit at the court table in the well of the court. The accused The person facing prosecution for the crime is known as the accused. The formal legal term for the accused is “panel” (Sometimes written as “pannel”). The word “defendant” is not used.

The lawyers and who they represent The lawyers sit in the front rows of the benches facing the judge or sit in the well of the court depending on the court or the nature of the proceedings. In criminal cases, a prosecutor from the Crown Office and Procurator Fiscal Service presents the case against the accused. In the High Court the prosecutor is known as the advocate depute, and in the Sheriff Court and Justice of the Peace Court it is the procurator fiscal. The prosecutor normally sits at the table immediately in front of the Bench to the judge’s right-hand side. The accused is normally represented by a solicitor or advocate who sits at the table in front of the Bench to the judge’s left-hand side. In civil cases, lawyers usually represent the pursuer or petitioner – the individual or body who initiates the action or petition – and the defender or respondent – the other party. The jury A jury hears the evidence in serious criminal cases and some civil hearings. In criminal cases, the jury is made up of 15 members of the public chosen at random from the electoral register. In civil cases, there are 12 jurors. They sit in the jury box, which is usually at one side of the courtroom, near the judge.

The names of the public who attend as potential jurors are placed in a glass bowl and picked at random in open court. Once selected jurors are sworn in and take an oath or affirmation. Juror Oath The jurors raise their right hand and the clerk of court asks them "Do you swear by Almighty God that you will well and truly try the accused and give a true verdict according to the evidence". The jurors reply: "I do". Juror Affirmation The juror is asked to repeat after the clerk of court "I [name], do solemnly, sincerely and truly declare and affirm that I will well and truly try the accused and give a true verdict according to the evidence". The witnesses Witnesses give the evidence in a case. They stand in the witness box, which is usually at the opposite side of the court to the jury box. Witnesses take an oath or affirmation that they will tell the truth. They can be asked questions by the lawyers or directly by persons who are not represented by lawyers.

Witness Oath The witness raises his/her hand and repeats after the judge "I swear by Almighty God that I will tell the truth, the whole truth and nothing but the truth." Witness Affirmation The witness is asked to repeat after the judge " I solemnly, sincerely and truly declare that I will tell the truth, the whole truth and nothing but the truth". The Court Officials The clerk of court assists the judge and assures the smooth running of the court. The clerk records the proceedings and advises court users on procedures. He or she normally sits at the table immediately in front of the judge, facing into the courtroom. The court or bar officer or, in the High Court or Court of Session, the macer, calls the accused and witnesses into the courtroom. He or she will show them where to sit or stand, and part of their duty is to help maintain order in the courtroom. The court officer also advises court users. He or she also takes the judge on and off the Bench. The Police In most courtrooms, there will be at least one police officer, who helps maintain order if necessary. The Media A section of the area in which the public sit is usually reserved for the media who are there to report cases.

This is normally behind the accused and close to the witness box to enable them to hear proceedings The Public Most cases are open to the public. The public seating is usually at the back of the courtroom, facing the judge. Court Structure - About the Judiciary - Judiciary of Scotland Judicial Training Court Structure The Court of Session is Scotland's highest civil court. It deals with all forms of civil cases, including delict (civil wrongs, referred to as “tort” in other jurisdictions), contract, commercial cases, judicial review, family law and intellectual property. Judges will hear all kinds of cases, but some will have specialisations, and there are particular arrangements for commercial cases. More information about the commercial court can be found here . The Court of Session is divided into the Outer House and the Inner House. The Outer House hears cases at first instance (meaning cases that have not previously been to court), and the Inner House is primarily the appeal court, hearing civil appeals from both the Outer House and Sheriff Courts. Appeals from the Inner House may go to the Supreme Court of the United Kingdom. In the Outer House, a judge sits alone, but occasionally there may be a civil jury made up of 12 people.

The Inner House cases are heard by three judges, although five or more judges may hear more complex and significant cases. The High Court of Justiciary is Scotland's supreme criminal court. When sitting at first instance as a trial court, it hears the most serious criminal cases, such as murder and rape. A single judge hears cases with a jury of 15 people. At first instance, it sits in cities and larger towns around Scotland, but as an appeal court, it sits mostly in Edinburgh. The High Court hears criminal appeals from first instance cases from the High Court itself, Sheriff Courts and Justice of the Peace Courts. The majority of cases are dealt with in the country’s Sheriff Courts unless they are of sufficient seriousness to go to the Supreme Courts at first instance. Criminal cases are heard by a sheriff and a jury (solemn procedure), but can be heard by a sheriff alone (summary procedure). Civil matters are also heard by a sheriff sitting alone. The Sheriff Appeal Court was established on 22 September 2015 to hear appeals arising out of summary criminal proceedings from both the sheriff and justice of the peace courts. The Bench generally comprises two or three appeal sheriffs, depending on the type of appeal to be considered.

The Court also hears appeals against bail decisions made by a sheriff or a justice of the peace. These hearings are presided over by a single appeal sheriff. The Criminal Court sits in the courthouse at Lawnmarket, Edinburgh. The Court is expected to hear civil appeals from early 2016. Less serious criminal matters are heard in Justice of the Peace Courts (in Glasgow, the Stipendiary Magistrate Court as well) at first instance. The JP courts are located in the same cities as the Sheriff Courts, but there are additional JP courts in other locations throughout Scotland. From 2008 to early 2010, Justice of the Peace Courts gradually replaced the former District Courts which were operated by local authorities. Information on raising actions, and further details on each court’s jurisdiction can be found on the Scottish Courts and Tribunals Service website . Other Courts in Scotland BBC NEWS | UK | Magazine | How is a jury selected? How is a jury selected? WHO, WHAT, WHY? The Magazine answers...

The members of a jury are selected at random to protect fairness The first day of the trial into the killing of five women working as prostitutes in Ipswich will be taken up with jury selection - a process which can conceivably throw up the "12 angry men" of lore. Why? The right to a fair trial forms the bedrock of the English legal system. "It has long been recognised," says the Ministry of Justice, "that to try the defendant by 12 individuals who are randomly selected helps to maintain a justice system that is fair, independent and democratic." And because selection is random - with no requirements for the jury to represent a cross-section of society - it is theoretically possible to have an all-male or all-female jury. WHO IS ELIGIBLE? Aged between 18 and 70 Registered on parliamentary or local government electoral roll UK, Channel Islands or Isle of Man resident for at least five consecutive years since 13 Suffolk murder accused in court Those whose knowledge of the law is drawn from US courtroom dramas - both fictional and real - may be surprised to find that juries are not cross-examined to assess their suitability.

Once selected, jurors are obliged to participate unless they can provide compelling evidence why serving would be inconvenient. Even then, it's most likely they will only be able to defer their service. Judges, lawyers, politicians, doctors and clergy are no longer exempt. No-one serving on a jury is supposed to have any connection to anyone involved in the case. A potential juror who knows the defendant, a witness, the judge, an advocate or solicitor must make this clear to avoid an unfair trial or the matter coming up during the proceedings, causing the trial to be aborted. Names called An estimated 450,000 people perform this duty each year in trials for significant offences such as murder or serious assault, says the Ministry of Justice. WHO MAY BE INELIGIBLE? Someone who has been sentenced Some mental illness sufferers Those summoned for jury service and had the summons confirmed are legally obliged to participate. The pool from which people have been selected comprises of people randomly selected by the Jury Central Summoning Bureau from the electoral register. When a court is ready to select a jury, a court official will choose a group of people who will be taken to the courtroom to enter an oath.

This number in this party may vary from about 15 to as many as 50, depending on the length of time the trial is likely to go on for. If a case is particularly complicated, and expected to continue for some time, a larger panel will be used as some may not be able to take several weeks, or even months, off work. Those selected will not know which trial they will serve on until they have been sworn in. This method is used to make sure jurors have no prejudgements regarding the case. For the same reason, in some cases, a list of witnesses may be read out before anybody is sworn in to give potential jurors a chance to declare if they know a witness. WHO, WHAT, WHY? A regular part of the BBC News Magazine, Who, What, Why? aims to answer some of the questions behind the headlines Outlining the principle behind assembling a jury, Peter Lodder QC, deputy vice-chairman of the Criminal Bar Association, says it must be entirely open. "It is important that the selection is random and that there is no criteria or category for selection.

There may be issues that cause people to be inappropriate choices for the jury panel." Mr Lodder, a barrister of 26 years, says every one of the jurors selected at random is accepted for the panel unless the barristers or judge feel they cannot approach the subject impartially. The judge has the final say over whether an issue should prevent a person from joining the jury. In the case of the Ipswich murder trial, a person may be unlikely to join the jury if they knew one of the dead women. It usually takes about half a day to swear in a jury, but can take longer, sometimes spilling over into a second day. Those selected must not disclose or discuss any aspect of the trial with anyone who is not a member of the jury. What Happens If I Am Chosen for Jury Service? - UK Net Guide What Happens If I Am Chosen for Jury Service? What You Need to Know More than 400,000 people are selected for compulsory jury service each year. Jury service will normally last for two weeks, however, if you become involved in a complex case it could last considerably longer.

You are only exempt from jury service in a limited number of circumstances, such as if you are on probation or suffering mental illness. A number of professions, including judges and members of the armed forces, are also exempt (read on for the full list). Your employer doesn’t have to pay you whilst you are on jury service, but you are able to claim back your loss of earnings. If you are self employed you will have to prove your loss of earnings yourself, using a letter from your accountant, for example. More than 400,000 people are randomly chosen for jury service in the UK each year – and if you’re one of them, it is more likely than not that you will have to give up at least two weeks of your life to this important civic duty. Being summoned is not a guarantee that you will end up sitting on a jury, but there are only a few circumstances under which you can be excused. You must have a strong reason, such as academic exams or a pre-booked holiday. However, most excuses will probably only lead to your jury service being deferred.

You’ll only be considered ineligible if you have sat on a jury within the past two years, if you are on bail or have been on probation within the last five years, if you have been sentenced to prison, youth custody or community service in the past ten years, or if you suffer from a mental health problem. If you hold any of the following positions, you would have been exempt in the past, and whilst exemption is no longer automatic you may well have a good case for not being selected; Judge Member of the armed forces Member of the medical profession (including chemist or vet) Police or probation officer A form to assess your eligibility will accompany the summons you receive in the post. If you don’t fit into any of the above categories, and you are aged between 18 and 70, then you must attend your local Crown Court at a given date (or you may be required at Civil Court or High Court). Upon arrival you will join several other people arbitrarily selected from the Electoral Register. You will be instructed on how a court operates, and then 15 people will be randomly picked by court officials and shown into the courtroom.

Twelve names will be called out, and if yours is one of them, you must answer “yes” and take your place in the jury box. (If you are in Scotland, you will be one of 15 jurors, not 12.) You will be sworn in once the case’s lawyers have been given the chance to challenge your selection. (They are unlikely to do so because challenges are rare.) You will take an oath on the holy book of your religion, or if you do not practice religion, you will be asked to ‘affirm’ – which holds the same significance as an oath. How Long & Will I Still Get Paid? The standard length of jury service is about two weeks. The average case lasts only a day or two, so you’ll probably be expected to sit on more than one trial. If your first case is large and complex (centring on a murder or business fraud, for example), or experiences serious delays, you might have to spend several more weeks as a juror – or perhaps months!

(The jurors on the Jubilee Line fraud trial sat for almost two years before the case collapsed in May 2005.) Your employer does not have to pay you while you are on jury duty, unless there is a clause in your contract that says otherwise. Your employer must, however, allow you time off to perform your service. Refusal will mean that he or she is in contempt of court and could face a fine or even imprisonment. You can claim for loss of earnings as long as your employer fills in a Certificate of Loss of Earnings, which you must take with you on your first day of court. If you are self-employed you should provide the court with some proof that you have lost earnings – a letter from your accountant, for instance. All jurors are given a daily subsistence allowance for food and drink and can claim travel expenses and, in some cases, parking. Jurors with children can also claim for childminding expenses. However there are caps on what you can claim, and, for many people, this can turn jury service into a real financial burden. At present these are the caps on what you can claim back whilst on jury service. Hours Served per Day

Question: How many people sit on a jury in Scotland?
Answer: 15